-- DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 400-16 OCT 17 2016 Dear , This is in reference to your application for correction of your naval record pursuant to the provisions of IO USC 1552. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 22 September 2016. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. A review of your record shows that you entered active service with the Marine Corps in September 2005. After serving a deployment in Iraq from August 2007 to March 2008, you were hospitalized on two occasions for suicidal ideations including an incident involving a selfinflicted gunshot wound. On 18 January 2012, you were determined to be unfit for continued naval service by the Physical Evaluation Board for Depressive Disorder and placed on the Temporary Disability Retirement List. On 2 February 2015, the Department ofVeterans Affairs added Post-Traumatic Stress Disorder to your Depressive Disorder diagnosis leading you to file for Combat Related Special Compensation (CRSC). However, on 2 December 2015, your claim for CRSC was denied by the CRSC Board. The Board carefully considered your arguments that you deserve CRSC for your PTSD condition. You assert that you developed PTSD after being exposed to blood and body fluids while retrieving material out ofvehicles used in combat operations in Iraq. Unfortunately, the Board disagreed with your rationale for relief. In order to qualify for CRSC as a result of armed conflict there must be evidence that you incurred your PTSD condition while engaged with a "hostile or belligerent nation, faction, forced or terrorists." The Board concluded that, while your PTSD was incurred in an area of combat operations, there was insufficient evidence to substantiate you were engaged with the enemy when you developed the conditions. The Board noted in your application that you claim that you were exposed to "blood and other body fluids" while retrieving sensitive materials out of combat vehicles. The Board determined those actions did not meet the definition ofarmed conflict. As stated in the CRSC policy guidance, the fact you incurred your PTSD "during a period ofwar or an area of armed conflict or while participating in combat operations is not sufficient to support a combat-related determination." There must definite causal relationship between your PTSD and "armed conflict." Since the Board determined you were not involved in armed conflict when you witnessed the events that formed the basis for your PTSD, the Bo~dconcluded your PTSD condition does not qualify for CRSC. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. The names and votes of the members of the panel will be furnished upon request. It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission ofnew evidence within one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. In this regard, it is important to keep in mind that a presumption ofregularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director